Judiciary Expected to Report Ohlhausen Judgeship Nomination to Senate Floor in a ‘Few More Weeks’
It’s likely to take a “few more weeks” before the Senate Judiciary Committee reports FTC Commissioner Maureen Ohlhausen’s judicial nomination to the Senate floor, a committee aide said Wednesday. President Donald Trump nominated Ohlhausen to be a U.S. Court of Federal Claims judge. The committee held her confirmation hearing Wednesday, moving Christine Wilson one step closer to replacing Ohlhausen on the commission (see 1805020044).
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
The FTC says Ohlhausen, acting chairman until the recent commissioner confirmations, will remain seated until her full Senate confirmation. Ohlhausen’s term expires Sept. 25. There was no discussion about FTC issues when lawmakers questioned her.
Jan Rybnicek, former attorney adviser to then-FTC Commissioner Joshua Wright, told us it’s an “unusual situation” for a nominee to be confirmed before the vacancy has been created, but Ohlhausen is “well within her right” to stay until confirmed to the bench or her term expires. “It is good that we have a full commission again,” he said. “It also is good that we know we’ll continue to have a full commission even after Commissioner Ohlhausen leaves sometime this year.”
Precursor President Scott Cleland said nothing is normal about Ohlhausen’s situation, saying “there appears to be a breakdown in communication” at the FTC: “It’s odd at best to nominate and confirm a commissioner slot if there is no slot being vacated for several months in the future, with no public mention of this timing disconnect at nomination, confirmation hearings or Senate vote.”
Ex-FTC Chairman William Kovacic, now a George Washington University law professor, said it’s “completely unremarkable” that Ohlhausen could remain at the commission until her term expires: “She understandably might want time to put things in order after 15 months of the frantic routine of being the agency's head -- in very difficult circumstances. To remain for a few more months is hardly astonishing.”
Ohlhausen headed a commission of two that included Commissioner Terrell McSweeny, who left April 27 (see 1804240054).
Sen. Ted Cruz, R-Texas, who worked with Ohlhausen at the FTC in the early 2000s, said she's “an excellent lawyer, a principled lawyer and will make a very fine federal judge.” Ohlhausen discussed her respect for the rule of law. When questioned by Cruz, Ohlhausen said a “judicial activist” is a judge who applies the law “as he or she wishes it to be, not as it has been determined by Congress or superior courts.” Cruz said the committee doesn't expect those confirmed to act as Republican or Democratic judges, but as “faithful” judges who follow the law and Constitution.